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Casting Troops Aside: The United States Military's Illegal Personality Disorder Discharge Problem

Breckenridge, CO |

I recently read the article as well as the VVA report "Casting Troops Aside".

The article is in regards to the 31,000 personality disorder discharges that took place between 2001-2010, and how a large portion of these discharges were illegal.

I was discharged from the Navy in 2007 on the grounds of a personality discharge, and it seems that the criteria to diagnose me with such a disorder were not met, and that I may have been discharged illegally.

What does new report and information mean for me?

Attorney Answers 2

  1. Best answer

    I think this is potentially very helpful information for you if you have been intending to do something about the type, code, or characterization of your discharge. If you received an uncharacterized discharge - you might be able to upgrade to an honorable, etc., etc. Also, there may have been VA benefits you were not entitled to and you might now be able to approach that avenue. The best thing is to see a lawyer who specializes in Military Law - and make sure that they don't only do courts-martial. Your question is very broad - but I am assuming that there is something in your discharge paperwork that needs to be upgraded or changed and that going through the correction of military records process is the way to begin addressing your issue.

    This advice is generic and not designed to substitute for consulting an attorney. Nothing in this response is designed to establish an attorney-client relationship with the requester.

  2. Organize all your separation paperwork from 2007 and submit a packet to the Discharge Review Board requesting reinstatement -- service members have been reinstated or their characterizations of discharges upgraded on the basis of improperly processed discharges. When a service member undergoes the separation process, the regulations have to be strictly followed. My guess is that prior to your separation, you were given an opportunity to speak with a detailed JAG lawyer who went through the rights you were entitled to in the separation process. You may, or may not have been offered an opportunity to contest the alleged facts at a separation board based on your time of enlistment or the characterization of discharge sought (6 yrs + and/or OTH characterization recommended results in option for separation board). The packet used to process your separation needed to include all the proper medical documentation re your alleged condition. If not, and if there are a number of other factors not in line with the regs, then you may have an opportunity for reinstatement and/or characterization upgrade.

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